NEUTRAL CITATION

undefined

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14053 of 2022 [On note for speaking to minutes of order dated 24/08/2022 in R/SCA/14053/2022 ]

==========================================================

LHS OF DECD. CHHAGANJI KAKUJI, ARJANJI CHHAGANJI THAKOR Versus STATE OF GUJARAT ==========================================================

Appearance:

SHASHVATA U SHUKLA(8069) for the Petitioner(s) No. 1 ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the Respondent(s) No. 1 NOTICE NOT RECD BACK for the Respondent(s) No. 2,3,4,5,6,7 ==========================================================

CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN Date : 07/09/2022

ORAL ORDER

1. The present Note for Speaking to Minutes has been filed, indicating that erroneously, in paragraph 1 of the order dated 24.08.2022, before the words “the brother of the petitioner…..“, instead of words “section 32PP”, words “section 32P” have been transcribed. Further, in the very same paragraph, due to typographical error, words “under section 32P” have been wrongly transcribed instead of words “…..section 32G”, after the words “in the proceedings under” and before words “the Mamlatdar, passed an order dated 27.05.1998…..”.

2. It is urged that necessary correction to be made in the order dated 24.08.2022.

3. The present Note for Speaking to Minutes is allowed.

4. Paragraph 1 of the order dated 24.08.2022 shall now, be read as under:-

Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Wed Sep 07 2022 Downloaded on : Sat Jun 21 05:07:11 IST 2025

NEUTRAL CITATION

undefined

“1. Heard Mr Shashvata U. Shukla, learned advocate appearing for the petitioner. Mr Shukla, learned advocate, submitted that the father of the petitioner, was declared as protected tenant and entry no.722 dated 13.1.1948 was posted in the revenue record; however, subsequently, tenancy, was surrendered which is recorded in the order dated 11.7.1963. It is submitted that thereafter, father of the petitioner, started cultivating the land during the years 1969-70, 1970-71 and 1971-72. It is further submitted that after the father of the petitioner passed away, application for being impleaded legal heirs came to be filed; however, the Mamlatdar, recording absence of the legal heirs, disposed of the application by passing the order dated 8.3.1972. In the proceedings under section 32PP, the brother of the petitioner, made a statement that the application, has been mistakenly filed and he was not in possession of the land. It is submitted that right of the petitioner, cannot be jeopardized by the brother and he had all the rights under the provisions of the Act. It is further submitted that in the year 1998, in the proceeding under section 32G, the Mamlatdar, passed an order dated 27.5.1998. While rejecting the application, what weighed with the Mamlatdar, was the order dated 23.8.1974.”

5. The rest of the order dated 24.08.2022 shall remain the same.

6. Registry to issue fresh writ accordingly.

(SANGEETA K. VISHEN,J)

Hitesh Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Wed Sep 07 2022 Downloaded on : Sat Jun 21 05:07:11 IST 2025

NEUTRAL CITATION

undefined

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14053 of 2022 ==========================================================

LHS OF DECD. CHHAGANJI KAKUJI, ARJANJI CHHAGANJI THAKOR Versus STATE OF GUJARAT ==========================================================

Appearance:

SHASHVATA U SHUKLA(8069) for the Petitioner(s) No. 1 for the Respondent(s) No. 2,3,4,5,6,7 ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN Date : 24/08/2022

ORAL ORDER

1. Heard Mr Shashvata U. Shukla, learned advocate appearing for the petitioner. Mr Shukla, learned advocate, submitted that the father of the petitioner, was declared as protected te

Click Here to Read the rest of this document